FISCAL NOTE

Date Requested: January 14, 2023
Time Requested: 03:52 PM
Agency: Education, WV Department of
CBD Number: Version: Bill Number: Resolution Number:
1156 Introduced HB2455
CBD Subject:


FUND(S):

N/A

Sources of Revenue:

General Fund N/A

Legislation creates:

Increases Existing Expenses



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


This legislation, in its current form, does not have any fiscal impact on the State under the Public School Support Plan (PSSP); however, there is an anticipated cost to county boards of education that be incurred by standardizing the workday for service personnel. Unfortunately, WVDE does not currently have the data necessary to assist with determining the potential costs to county boards of education.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2023
Increase/Decrease
(use"-")
2024
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0


Explanation of above estimates (including long-range effect):


This legislation does not have any fiscal impact for the State; however, under the PSSP there is an anticipated cost to county boards of education, but the cost is indeterminable at this time. The West Virginia Department of Education (WVDE) believes the intent is to standardize a workday for all classifications of service personnel. County boards of education currently have the statutory authority to define the workday of service personnel for their district including the ability to vary the number of hours in a workday among specific classifications of employees within the district. The provisions of this legislation eliminates the county boards of education’s discretion and standardizes a workday for all service personnel statewide. The county boards of education with service personnel employed at less than an 8-hour workday will be required to bear the additional cost associated with increasing compensated work hours. Unfortunately, WVDE does not have the data necessary to accurately estimate the potential costs to county boards of education required to meet the requirements of this legislation.



Memorandum


A review of the proposed changes to W. Va. Code §18-4-8(m)(2) is appears to ensure that the workday standardization does not conflict with the language of the current regulating statute; however, WVDE does not believe that changing the statute is necessary because Fair Labor Standards Act compliance means that there should not be any service personnel with a current full-day workday exceeding 8 hours or a half-day workday exceeding 4 hours. The strike-through of WVC 18-4-8(p) has no fiscal impact.



    Person submitting Fiscal Note: Samuel E. Pauley
    Email Address: sepauley@k12.wv.us